If you’ve were injured at work or became sick due to your job, you'll be wondering whether you would like a lawyer for your workers’ compensation audit. Or maybe you’ve already decided that you’ll benefit from the expert help that a workers’ comp attorney can provide, from explaining the complicated process and gathering evidence to negotiating with the insurance company or representing you at a hearing. But how does one set about hiring an honest workers’ comp lawyer? Read on for recommendations on
finding and selecting lawyers.
Gather Names of Potential Lawyers
To start, gather the names of a couple of workers’ comp lawyers that you simply might want to rent. You can find attorneys through the lawyers.com directory or your local bar association’s lawyer referral service. You might also ask friends, coworkers, and family if they've worked with a workers' comp attorney and, if so, whether or not they had a positive experience.
Conduct Background Research
Before you start making calls or appointments, do some background research about the lawyers on your preliminary list. First, you should verify that the attorneys are licensed to practice law and not facing any disciplinary charges. In many nations, you'll search attorneys by name on the state bar website and determine whether they’re in good standing and authorized to practice law. You should also be able to see how long they’ve been in practice and whether they’ve been disciplined for unethical behavior.
You’ll also want to know if the lawyers focus their practice on workers' compensation cases in your state if they usually represent injured employees and whether they have a good reputation with previous clients. (If you work for the federal government, you’ll want to hire an attorney who specializes in the federal workers’ comp system.) Some general online research could help you find this information. You may find reviews or ratings that provide a firsthand account of working with particular lawyers. If the attorneys or their law firms have websites, you would possibly be ready to find out how much of their practice is dedicated to workers’ comp and whether or not they represent injured employees rather than insurance companies.
Meetings With Potential Lawyers
Once you have a shortlist of two or three lawyers, you should contact them to set up consultations. Workers' comp lawyers typically don't charge a fee for the initial meeting, which can happen by telephone or in-person. If attorneys can’t schedule a meeting promptly, it may be a sign that they’re too busy to take on your case.
You should come to these consultations with all of the relevant information and documentation about your case, as well as a list of questions to ask the attorneys. (Learn details on how to prepare for a meeting with a workers’ comp lawyer.)
During the meetings, the attorneys will evaluate your case and choose whether or not they want to represent you (more thereon below). But you will also be evaluating the lawyers to see if you want to hire them. Pay attention to whether they understand the issues in your case, seem to be good listeners, and answer your questions thoughtfully. At the end of the day, you’ll want to feel confident that your lawyer will handle your case competently, communicate with you regularly, and offer you advice and support along the way.
What to do When an Attorney Won’t Take Your Workers’ Compensation Case
In most states, workers’ comp lawyers charge a particular percentage of your settlement or award. If you lose your case, your lawyer isn’t paid. So attorneys might hesitate about taking your case for various reasons, including:
The Type of Injury
It’s relatively easy to prove that your injury was caused by work-related activities if it happened in a one-time accident or incident on the job. In contrast, it may be harder to prove the work connection with chronic conditions that develop over time, such as repetitive strain injuries or occupational illnesses from exposure to toxins. Depending on the circumstances, some lawyers may decide there’s little chance they could obtain benefits for you.
The Extent of Your Injuries
Lawyers are more likely to take on cases that involve moderate to severe injuries, which could result in larger settlements or awards.
The Evidence
When attorneys are evaluating the likelihood of obtaining a settlement or award in your case, they’ll consider the strength of the evidence supporting your claim, including medical records, detailed reports from reputable doctors, and credible witnesses.
The Status of Your Claim
Lawyers generally like better to take workers’ comp cases earlier within the process, once they have more opportunities to assist. If you’ve already missed filing deadlines or lost at a hearing, it might be difficult to win compensation for you.
Just because a lawyer turns you down, that doesn’t necessarily mean you won’t be able to find another one to represent you. Some lawyers are busier than others and more selective about the cases they take on. So keep trying. But if several attorneys say no, you'll still file a claim and proceed on your own. Contact your state workers’ compensation Audit agency to urge information and therefore the necessary forms. Some state agencies have free assistance programs or ombudsmen to help injured employees through the process.
